IN RE: STANDARD JURY INSTRUCTIONS IN CIVIL CASES - REPORT NO. 19-02.
FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
Original Proceeding - Supreme Court Committee on Standard
Jury Instructions in Civil Cases
K. Whitmore, Chair, Tampa, Florida, and Jeffrey Alan Cohen,
Vice Chair and Subcommittee Chair, Supreme Court Committee on
Standard Jury Instructions in Civil Cases, Miami, Florida;
and Joshua E. Doyle, Executive Director, and Heather Savage
Telfer, Bar Liaison, The Florida Bar, Tallahassee, Florida,
Supreme Court Committee on Standard Jury Instructions in
Civil Cases (Committee) has submitted a report proposing
amendments to instruction 401.20 (Issues on Plaintiff's
Claim - Premises Liability). We have jurisdiction.
See art. V, § 2(a), Fla. Const.
Committee proposes deleting existing Note on Use 2 for
instruction 401.20a in its entirety, and replacing it with
the following: "For transitory foreign substances in a
business establishment, see F.S. 768.0755 and cases
interpreting it." No amendments were proposed by the
Committee to instruction 401.20a itself. The Committee
explains that its proposal stems from the repeal of section
768.0710, Florida Statutes, which previously governed claims
for premises liability for transitory substances in business
establishments, and the 2010 enactment of section 768.0755,
Florida Statutes, which now governs such claims.
to filing its report with the Court, the Committee published
its proposal for comment. No comments were received by the
Committee. After the Committee filed its report, the Court
republished the Committee's proposal for comment. No
comments were received.
considered the Committee's report, we hereby authorize
the amendment to Note on Use 2 for instruction 401.20a as
proposed by the Committee for publication and use. In
authorizing the publication and use of this amendment, we
express no opinion on its correctness and remind all
interested parties that this authorization forecloses neither
requesting additional or alternative instructions nor
contesting the legal correctness of the instruction. We
further caution all interested parties that any comments
associated with the amendment reflect only the opinion of the
Committee and are not necessarily indicative of the views of
this Court as to its correctness or applicability. New
language is indicated by underlining and deleted language is
indicated by struck-through type. The amended instruction as
set forth in the appendix shall be effective when this
opinion becomes final.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, LAGOA, and
MUÑIZ, JJ., concur.
ISSUES ON PLAINTIFF'S CLAIM - PREMISES LIABILITY The
[next] issues on (claimant's) claim, for
you to decide are:
Landowner or possessor's negligence (toward invitee and
whether (defendant) [negligently
failed to maintain the premises in a reasonably safe
condition], [or] [negligently failed to correct a dangerous
condition about which (defendant) either
knew or should have known, by the use of reasonable care, ]
[or] *[negligently failed to warn (claimant)
of a dangerous condition about which
(defendant) had, or should have had, knowledge
greater than that of (claimant)]; and, if
so, whether such negligence was a legal ...